Final Order 1

Order Details: Chamber summons
Pdf Text: MHCC010014102020
CNR NO. MHCC010014102020
IN THE BOMBAY CITY CIVIL COURT AT BOMBAY
CHAMBER SUMMONS NO.205 OF 2020
IN
SUIT NO.4970 OF 2007
(HIGH COURT SUIT NO.1311 OF 2007)
1. M/s. C.P. CONSTRUCTIONS & ORS. ] … Plaintiffs
V/s.
1. DR. KIRTI CHATURBHAI PATEL & ORS. ] ...Defendants.
AND
1. SHITAL PIYUSH PATEL & 15 ANR. ] ...Respondents
(Proposed defts.5 & 20)
Appearances :
Ld. Adv. Mr. P.D Gandhy a/w Adv. Aditya Khare for plaintiff.
Ld. Adv. Mr. Harshavardhan for defendant No.1, 2 & 3(a).
Ld. Adv. Mr. Aakash Warang for proposed defenant No.13 to 20.
CORAM : HER HONOUR JUDGE
SMT. R.K. KSHIRSAGAR
(C.R.No.13)
DATED : 9th November, 2022
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ORAL ORDER
1. The present Chamber Summons is taken out by the plaintiff
for adding the proposed defendant as party defendant Nos.5 to 20 and
to amend the plaint as per schedule annexed to the Chamber Summons.
2. It was submitted by the plaintiff that during the pendency
of the suit, the defendants alongwith proposed defendants are intending
to create third party rights in the suit property. They entered in the
Consent Terms that the defendants and the proposed defendants before
the Hon'ble High Court. As they are intending to create third party
interest. They are the proper and necessary party to the present suit as
the plaintiff wants to seek relief against them. Hence, they being proper
and necessary party be added in the present suit.
3. The defendant No.1, 2 and 3(a) filed reply to the Chamber
Summons and denied the contention of the plaintiff and submitted that
the plaintiff is not a party to the Consent Term and therefore, he cannot
seek any relief against the proposed defendants. The present Chamber
Summons is taken out only to delay the proceedings and therefore, the
Chamber Summons be rejected.
4. The proposed defendant Nos.13, 14, 15, 16, 17 to 19 filed
their reply and denied the contention of the plaintiff. It was submitted
that the plaintiff had not explained as to when he came to know about
the Consent Terms. The proposed defendants are not proper and
necessary party to the suit. The plaintiff cannot seek any right of any
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nature from the proposed defendants and hence, the Chamber
Summons be dismissed.
5. Heard the Learned Advocates for all the respective parties
at length. The plaintiff filed the present suit seeking declaration
regarding the Joint Venture Agreement dated 21.11.2000 in respect of
the property. During the pendency of the suit, the plaintiff had added
the defendant Nos.5 and 6. As per the contention of plaintiff one Ajay
Kumar Garg filed a Suit before the Hon'ble High Court of Bombay,
bearing No.287 of 2013 against the defendants and the Respondents.
Wherein the parties filed Consent Terms dated 03.05.2017 and further
Consent Terms dated 04.05.2017 before the Hon'ble High Court. The
said Consent Terms are in respect of the suit property. The present
defendant Nos.1 to 5 and proposed defendants entered into the Consent
Terms. It seems that the suit property in both the matters are same and
any order or any kind of Consent Terms would further affect the right
and interest of plaintiff if any. The plaintiff would be directly affected
by any act on the part of defendants and the proposed defendants. It
might all lead to multiplicity of proceedings. And therefore, the
proposed defendants appears to be proper and necessary party to the
suit. The plaintiff further wants to seek leave against the proposed
defendants and therefore, they are necessary for the fair adjudication of
the matters on merits, and if the proposed defendants are not added as
a party defendants to the suit, the plaintiff will suffer serious prejudice
whereas no such harm will cause to the proposed defendants. And
therefore, I, proceed to pass the following Order:
ORDER
1. The Chamber Summons No.205 of 2020 is allowed.
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2. Plaintiff shall add the proposed defendants as party defendants
nos.5 to 20 in the array of defendants within 14 days of this
order.
3. After addition plaintiff shall issue writ of summons to newly
added defendants.
4. Parties to bear their own costs.
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Dt.: 09112022 City Civil Court, Gr. MUMBAI
Dictated on : 09112022
Transcribed on : 14112022
checked on : 14112022
Signed on : 14112022
( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
City Civil Court, Gr. MUMBAI
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ERTIFIED TOBE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER”
14.11.2022 at 05.50 p.m.
UPLOAD DATE AND TIME
(VARSHA U. PAWAR)
NAME OF STENOGRAPHER
Name of the Judge ( Smt. R. K. Kshirsagar )
Judge, (C.R.No.13)
Date of pronouncement of
judgment/order
09.11.2022
Judgment/order signed by P.O. on 14.11.2022
Judgment/order uploaded on 14.11.2022
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